Tag: Department of Labor

Ask the Expert: How Should Employers Prepare for Worksite Enforcement Investigations?

Question: We’re worried there may be an increase in worksite enforcement investigations. What can we do to prepare? Answer: There was a surge in worksite enforcement investigations in fiscal year 2018 by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and they’re expected to surge again. ICE uses the I-9 inspection program to […]

Agencies Issue Health Plan Guidance: Preventive Services, Contraception, Cybersecurity

Recently, the Departments of Health and Human Services (HHS), Labor (DOL), and Treasury proposed new regulations aimed at promoting access to contraception. Separately, the Internal Revenue Service (IRS) and DOL recently published additional pieces of guidance affecting health plans. Self-funded health plan sponsors in particular should review these proposed rules and recent notices and determine […]

Second Trump Administration Will Target Workforce Agencies

President-elect Donald Trump is expected to make major changes to the federal government in his second term, including an overhaul of the workforce enforcement agencies such as the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL). EEOC The EEOC currently has three Democratic members including Chair Charlotte Burrows and one Republican, Andrea […]

DOL Issues AI guidance

On October 16, 2024, the Department of Labor (DOL) issued guidance on the use of artificial intelligence (AI) in employment—Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. The guidance stems from President Joe Biden’s Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued […]

Excited About the Potential of AI? Don’t Forget Legal Compliance

Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter how it’s viewed, though, employers must focus on how this brave new world intersects with legal compliance. Guidance from the DOL […]

Making DOL’s Overtime Rule Changes Make Cents

On April 23, 2024, the U.S. Department of Labor (DOL) issued its highly anticipated final rule that will raise the standard minimum salary level needed for most white-collar exempt employees on July 1, 2024, and then increase it again beginning January 1, 2025. The final rule will also increase the total compensation minimum for highly […]

Employers Take Note—Child Labor Violations Continue to Be Major DOL Focus

Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]

PUMP It Up! Breastfeeding Accommodations in the Workplace

The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and space requirements to pump breast milk at work. The […]

Managing the Challenges of Intermittent FMLA

In an earlier post, I reviewed the basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. But, matters involving FMLA leave can quickly become complicated, especially in regards to the implementation of intermittent FMLA leave. Managing intermittent FMLA leave creates […]

Guaranteed OT Pay: Employers Urged to be Ready as New Overtime Final Rule Approaches

Employer interests are sounding off against the U.S. Department of Labor’s (DOL) proposal for a dramatic increase in the overtime threshold, but employers are still advised to take a close look at their exempt workforce to make sure their status is justified. The DOL released its long-awaited proposed rule on August 30. If finalized, the […]